RP v Calingo G.R. No.

212717

In 1978, Ariel and Cynthia met. After developing a strong sense of sexual desire and physical attraction towards each
other, Ariel and Cynthia became a couple. In 1980, they got married.
As they lived together, Ariel narrated that Cynthia kept herself occupied by gossiping and reading comic books.
Once, he asked Cynthia to limit her visitation to their neighbors to gossip, but Cynthia got mad and told him there
was nothing much to do in their house. She continued to gossip and pick fights with their neighbors.

According to Ariel, not only did Cynthia showed aggressive behavior during their union, but she likewise exhibited
unfaithfulness. Ariel recalled that Cynthia's first instance of marital infidelity was with Noli, their neighbor, who
became close to them. When Ariel found out about the affair, he forgave Cynthia, who allegedly showed no
remorse.

Noli later on revealed to him that their twin children were not really Ariel's children, but his own. Ariel then
remembered one incident between him and Cynthia wherein the latter told him "hindi mo anak yan ", as she got mad
because Ariel spanked one of their children.

Cynthia's second affair involved Louie, who was also their neighbor.  Ariel testified that he discovered Louie hiding
1âшphi1

under their marital bed and wearing his pants only.

Not long after, Ariel reached his peak and left their conjugal abode after Cynthia threw a knife at him, which
fortunately hit the wall.

Dr. Lopez likewise conducted an assessment on Cynthia; and the same revealed that Cynthia is suffering from
Borderline Personality Disorder with Histrionic Personality Disorder Features

Issue: Whether or not Cynthia is psychologically incapacitated

Held: no. The incapacity must be grave or serious such that the party would be incapable of carrying out the
ordinary duties required in marriage it must be rooted in the history of the part y antedating the marriage, although
the overt manifestations may emerge only after the marriage, and it must be incurable or, even if it were otherwise,
the cure would be beyond the means of the party involved.

In this case, Ariel presented the medical assessment of Dr. Lopez who found that Cynthia is suffering from
Borderline Personality Disorder with Histrionic Personality Disorder Features rooted on her disorderly filial
relationship as she was subjected to physical abuse and abandonment.
However, this Court refuses to accept as credible the assessment of Dr. Lopez as there was no other evidence
which established the juridical antecedence, gravity, and incurability of Cynthia's alleged incapacity. While
jurisprudence recognizes the dispensability of personal examination of the party alleged to be suffering from
psychological incapacity, it is but necessary to provide corroborative evidence to exhibit the required legal
parameters.

Likewise, Cynthia's sexual infidelity is not a satisfactory proof of psychological incapacity. To be a ground to nullify a
marriage based on Article 36 of the Family Code, it must be shown that the acts of unfaithfulness are manifestations
of a disordered personality which makes him/her completely unable to discharge the essential obligations of
marriage.

As discussed, there was no evidence which proved that such raised to the level of psychological incapacity within
the meaning of Article 36 of the Family Code, warranting the severance of Cynthia and Ariel's marital bonds.

Hence, contrary to CA's decision, the fact that Cynthia is "mabunganga" and had extra-marital affairs
are not sufficient indicators of a psychological disorder.